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Licensing Enforcement

Our enforcement approach to Licensing

The promotion of the four licensing objectives provides the cornerstone to any enforcement action that may be taken under the Licensing Act 2003. These are:

the prevention of crime and disorder
public safety
the prevention of public nuisance
the protection of children from harm

Effective enforcement relies heavily on partnership working. The Licensing Act establishes "Responsible Authorities" with whom the Licensing Authority will work closely in partnership to ensure that the licensing objectives are promoted.

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Responsible Authorities in Haringey

The Metropolitan Police
London Fire and Emergency Planning Authority (LFEPA)
The Council’s Health and Safety Team
The Council’s Planning Team
The Council’s Trading Standards Team
The Council’s Noise Enforcement Team
Local Safeguarding Childrens Board
Any other Licensing Authority for the area

The above groups have statutory enforcement responsibilities under their own legislation, and in some cases may take alternative or additional action to that provided for under the Licensing Act.

View our Licensing Enforcement Policy (link coming soon).

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How will the Licensing Authority respond to licensing concerns?

Haringey with its partners recognise the importance of ensuring a consistency of approach and effective use of resources by targeting those premises where problems have occurred.

Our approach is designed to ensure that enforcement is proportionate, and that support and education is given where necessary, but that firm action is taken against irresponsible licensees.

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Enforcement options

Oral advice and written warnings
Simple Caution for admitted offences and where action has been taken to by the licensee prevent a recurrence
Prosecution

The Licensing authority and the Police can prosecute for breaches of Licence conditions and other statutory offences.

Responsible authorities can prosecute for the matters under their respective legislation.

Reviews (responsible Authorities and Interested Parties only).

A review of a Licence is the process of referring a Licence back to the Licensing sub-committee to consider whether it should be amended, more conditions added, suspended for up to three months or, in very exceptional circumstances, revoked. Appeal against a review decision is to a Magistrates Court.

When considering enforcement action, the factors that the Licensing Authority and partners will take into consideration include:

The gravity of the offence
The conduct of the licensee
Action required to remedy the concern and whether it is desirable to produce some public effect (remedial or deterrent)

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Under-age alcohol sales

Trading Standards lead and coordinate work on under-age sales issues. They work closely with the Police, Licensing Enforcement and various community safety groups.

Preventing Under-age Sales - Information for the Licensee

How can I be sure of a purchaser’s age?
It can be very difficult to assess a person’s age from their appearance. This is why you should always ask for proof of age in cases where there is any doubt over the age of the purchaser. Acceptable forms of proof would be a passport or new photo-driving license. Documents such as birth certificates and National Insurance cards should not be relied upon, as they do not include a photograph of the holder.

A number of proof of age schemes exist whereby young persons can obtain a card which includes their photograph, and the dates on which they became 16 and 18. Schemes which are PASS accredited (The National Proof of Age Standards Scheme) have been rigorously audited to ensure that the cards issued can be relied upon to be accurate. They also bear a PASS holographic logo which makes them extremely difficult to copy. If any doubt remains about the age of the purchaser, the sale must be refused.

Won’t customers get annoyed if I refuse to serve them?
Always remember that you are not obliged to sell anything to anyone if you do not wish to. If there is any doubt about the age of the purchaser, politely decline the sale. You may wish to copy the ‘Refusal Notice’ provided and post it in a prominent position within your store, or make copies of the ‘Refusal Slip’ to provide to young people whom you have refused.

What can I do to prevent those involved in my business breaking the law?
The law generally provides a retailer with a defence if he can demonstrate that s/he took all reasonable precautions and exercised all due diligence to prevent an offence being committed.

‘Reasonable precautions’ means setting up a suitable system and ‘due diligence’ means ensuring that the system is working effectively. Remember that the defence is only available if you have taken all reasonable precautions and exercised all due diligence, however, what is reasonable will depend on the size and nature of the business. A large multiple retailer would be expected to have a far more sophisticated system in place than say a small corner shop.

What might be expected of me?
The essential elements of a system to prevent under-age sales being made are as follows :

Staff training
Warning notices
Till prompts
Records of occasions when requests made for Proof of Age
Monitoring and control by management / owner of the business

Ultimately only the courts can decide what is reasonable, taking into account all of the circumstances.

If you have a concern about a particular premises, you can report the matter to Trading Standards

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Who do I contact about noise from a licensed premises?

If you want information about noise or to report noise problems see our noise control pages.

What does the Enforcement Response team do regarding licensing?

The Enforcement Response Team has taken number of steps to ensure that the impact of the new Act can be monitored and measured.

Premises are being risk rated to ensure proactive inspections are prioritised according to the likely impact of the premises. In addition to carrying out inspections, proactive monitoring takes place of premises or areas known to be a current problem or have been a problem in the past.

When contacting the Enforcement Response team about licensing enforcement, what information should I provide?

For us to investigate a concern, we need to know as much information as possible. The following information may be relevant to your complaint:

Your name, address and other contact details so that we can keep you updated or request additional information where needed
The Premises name
The Premises address
The nature of your concern
Does your concern relate to one of the licensable activities mentioned above? If so, which one?
How long has the problem been occurring?
What day and time is the problem most likely to occur?
Have you already spoken to the licensee? And What was their response?
Do your neighbours have the same or similar concerns?
Have you gathered evidence of the issue, such as a diary containing dates and details of the problem or photographs demonstrating the problem?

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Will my details be passed to the Licensee?

No, not without your prior permission.

In most cases the Licensing Authority will make the Premises aware that a complaint has been made and on what grounds. But when investigating the complaint your details will only be shared with the other responsible authorities and/or Council Teams which may require the information to investigate the matter.

How will Haringey respond to my concerns?

The Enforcement Response team as a responsible Authority works closely with other Responsible Authorities and will be able to advise on the best course of action to deal with your concern. This may involve one or all of the following:

Bringing your concern to the attention of a relevant Responsible Authority, for example Planning Enforcement for further investigation
Referring your concern for one or more other agencies
Investigating the alleged breach of Licence

Licensing Complaints

If you would like to make any comments or would like to make a complaint, then you may use our Licensing Enforcement e-form. Please provide us as much information as you can.

Contact us

The Licensing Team
Regulatory Services
Place and Sustainability Directorate
Units 271-272 Lee Valley Technopark
Ashley Road
London
N17 9LN
Tel 020 8489 8232
Fax 020 8489 5133

Email licensing@haringey.gov.uk

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Page Last Updated: 10 January 2012